Temporary Expedited Patio Program Information Guide - Economic Development Services - City of Oshawa
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01.03.2021
Temporary Expedited Patio Program
Information Guide
Economic Development Services
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01.03.2021
Contents
1.0 Introduction: Patio Options ............................................................................................................ 3
2.0 Restaurant Reopening Requirements.......................................................................................... 4
3.0 Patio Options ...................................................................................................................................... 5
3.1 Small Patio .......................................................................................................................................... 5
3.2 Curbside Patio .................................................................................................................................... 7
3.3 Large Patio .......................................................................................................................................... 9
3.4 Expanded Sidewalk Patio .............................................................................................................. 11
4.0 General Requirements ................................................................................................................... 13
Additional Notes: ................................................................................................................................... 14
Fire and Utility Access ...................................................................................................................... 14
Alcohol Service................................................................................................................................... 14
AODA Compliance ............................................................................................................................. 14
Removal Authority ............................................................................................................................. 14
Temporary Private Property Patios and Parking Lot Patios....................................................... 15
New Construction Patios ..................................................................................................................... 16
Drawing Template for Applicants ...................................................................................................... 17
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1.0 Introduction: Patio Options
The Temporary Expedited Patio Program will consider patio applications that fit three
options on City property: small patio, curbside patio (on-street parking spaces), large
patio (on-street parking spaces), and expanded sidewalk patios. Large and curbside
patio must have parking spots in front of their establishment. Businesses located on City
or Regional roads are eligible. The following pages will guide you through the
description and specific requirements for each of these patio options.
Applicants must meet all of the requirements to ensure that patio applications can be
efficiently and quickly permitted and implemented.
The program will be available from April 1, 2021 to November 15, 2021. Permits issued
are non-renewable. All fees related to patios will be waived while the state of
emergency is in effect. If applicants want to keep their patios beyond November 15th,
they will need to reapply the following year through the regular Annual Sidewalk Café
Program. Please carefully read through the patio details and requirements to ensure
you are prepared for your application and to avoid any potential delays.
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2.0 Restaurant Reopening Requirements
Restaurants, bars, and other food and drink establishments are permitted to open for
outdoor dining as Durham Region is authorized to according Provincial guidelines.
Appropriate measures must be in place to ensure physical distancing of at least 2
metres between groups of customers.
Please visit Ontario’s Guidelines for Restaurants and Bars for a full list of requirements
and to stay informed about ongoing updates and new regulations. Durham Region
Public Health has also published Guidelines for Restaurants and Bars.
The following guidelines are specifically related to the operation of outdoor patios:
The required distance between patrons from different groups must be 2 metres
Temporary table dividers may be installed to make physical distancing easier for
restaurants with communal seating or larger tables
Prepare a contingency plan for patrons in the event of rainfall
Total number of customers may not exceed capacity available for use or the
amount approved by the Province
Allow space for the safe circulation of customers and staff.
Reservation system to avoid lines of waiting customers and ensure that those
lines do not come close to patio customers
Please do not use the pedestrian clearway to queue patrons awaiting their
reservation or table.
Demarcate the floor with markers for any areas where a line-up may occur.
Mark the direction of travel to designated entrances and exits, pick-up areas and
washrooms
Post signage promoting physical distancing
Provide more than one means of egress, if possible
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3.0 Patio Options
3.1 Small Patio
3.1.1 Description
Small patios are located directly against the business property, either in the front or on
the side where there is suitable public space. Small patios are not enclosed by railings.
3.1.2 Alcohol
Businesses may not serve alcohol in small patios.
3.1.3 Requirements
Furniture may not be stored on the patio overnight. Businesses must take in furniture at
closing hour each day. For accessibility, table and seating options that accommodate
people of all abilities must be available. Additionally, furniture must not obstruct
entrances and exits. Businesses are restricted to a maximum of two tables and two
chairs per table while maintaining 2 metres of clearance space for pedestrian flow.
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3.1.4 Small Patio
Clearance Requirements
Figure A. Furniture must maintain a minimum 1 m clearance from centre of a fire
department connection.
Figure B. Patio furniture must maintain a minimum 2m clearance from utilities/
infrastructure. If there’s no utilities/ infrastructure, measure to the nearest sidewalk
obstruction (e.g. edge of tree grate).
Figure C. Patio tables must be placed with a 2.0m distance from one another.
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3.2 Curbside Patio
3.2.1 Description
Curbside patios are fully detached from buildings and occupy a maximum of two on-
street parking spaces. They are set back from the sidewalk, segregated from
surrounding parking spaces, and enclosed by railings. These patios may be in front of
the business or on the side for restaurants located at a corner. Every effort will be made
to investigate the potential for a curb lane closure, but they are not guaranteed. Curb lane
closures are not possible within in the following areas: Commercial or Accessible loading
zones, Transit stops, or Bike lane locations.
3.2.2 Alcohol
Businesses may serve alcohol in curbside patios if they hold a valid liquor licence.
3.2.3 Requirements
To ensure safety, City will provide safety barriers in the form of planters, jersey barriers,
signage, wheel stop, or bollards to each patio, dependent on inventory availability.
Behind the safety barrier railings must be provided and maintained by the business. For
accessibility, table and seating options that accommodate people of all abilities must be
available. Patio must be placed on a temporary sidewalk/ decking platform to maintain
the level of sidewalk. Temporary sidewalk (2x6” boards) must be provided and
maintained by the business. Applicants may encroach on sidewalk if 2m of unobstructed
path is maintained for pedestrians. Furniture may be stored overnight on the patios.
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3.2.4 Curbside Patio
Clearance Requirements
Figure A. Perimeter of the patio must maintain a minimum 5.0m clearance from fire
hydrants, and 0.5m clearance from utilities/ infrastructure (such as maintenance holes
and storm drains).
Figure B. Perimeter of the patio must maintain a minimum 2m clearance for pedestrian
flow.
Figure C. Curbside patio must maintain a minimum 1.0m clearance every two parking
spaces (approx. 10m-12m). A business with a curbside patio must offset the beginning
and end of the patio 0.5m from the property line in order to provide 1.0m total clear.
Figure D. Perimeter of the patio must maintain a minimum 1m clearance from fire
department connections (Siamese).
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3.3 Large Patio
3.3.1 Description
Large patios are located directly against the business property, either in the front, or on
the side where there is suitable public space. Large patios must be enclosed by railings.
3.3.2 Alcohol
Businesses may only serve alcohol in large patios with railings if they hold a valid liquor
licence.
3.3.3 Requirements
To ensure safety, City will provide safety barriers in the form of planters, jersey barriers,
signage, wheel stops or bollards to each patio, dependent on inventory availability.
Railings are required as part of the design and operation of large patios, and must be
maintained and provided by the business at their cost. For accessibility, table and
seating options that accommodate people of all abilities must be available. Temporary
sidewalk/ decking platform must be placed on the on-street parking spots to maintain
the level of sidewalk. Temporary sidewalk (2x6” boards) must be provided and
maintained by the business. Furniture may be stored overnight on the patios.
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3.3.4 Large Patio
Clearance Requirements
Figure A. Perimeter of the patio must maintain a minimum 5m clearance from fire
hydrant, and 6m from the end of the curb.
Figure B. Perimeter of the patio must maintain a minimum 1m clearance from fire
department connection (Siamese).
Figure C. Perimeter of the patio must maintain 2m clearance for pedestrian flow.
Figure D. Perimeter of the patio must maintain a minimum 0.5m clearance from utilities/
infrastructure.
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3.4 Expanded Sidewalk Patio
3.4.1 Description
Expanded Sidewalk Patios are only available to restaurants located on the north
sidewalk of King Street East between Mary Street North and Simcoe Street North Patios
are located directly against the business property, either in the front, or on the side
where there is suitable public space. Patios must be enclosed by railings.
3.4.2 Alcohol
Businesses may only serve alcohol in large patios with railings if they hold a valid liquor
licence.
3.4.3 Requirements
To ensure safety, City will provide safety barriers in the form of planters, jersey barriers,
signage, wheel stops or bollards to each patio, dependent on inventory availability.
Railings are required as part of the design and operation of expanded sidewalk patios,
and must be maintained and provided by the business at their cost. For accessibility,
table and seating options that accommodate people of all abilities must be available.
Furniture may be stored overnight on the patios.
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3.4.4 Expanded Sidewalk Patio
Clearance Requirements
Figure A. Perimeter of the patio must maintain a minimum 5m clearance from fire
hydrant.
Figure B. Perimeter of the patio must maintain a minimum 1m clearance from fire
department connection (Siamese).
Figure C. Perimeter of the patio must maintain 2m clearance for pedestrian flow.
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4.0 General Requirements
In addition to the requirements specific to the individual patio options, please read
through the general requirements below and ensure your patio application abides by
them.
Applications must not have:
Permanent Patio Construction (new or of any kind)
Utility connections of any kind (electrical, sprinkler, gas, heaters)
Accessory structures (If an outdoor dining area at the establishment is covered
by a roof, canopy, tent, awning or other element, at least two full sides of the
entire outdoor dining area must be open to the outdoors and must not be
substantially blocked by any walls or other impermeable physical barriers.)
Increased occupancy of any kind
Applicants must ensure:
Compliance with all applicable orders from the Provincial Public Health Office
(including occupancy, seating configurations, gathering restrictions, etc.). Please
review the most up-to-date information: https://www.agco.ca/alcohol/changes-or-
additions-existing-licensed-areas
Valid liquor licences (for patio options that allow liquor), and that railings are
installed and maintained for liquor service areas.
Proposed patios are accessible to people of all abilities (temporary decking
platform sidewalk consisting of 2x6 boards for Large and Curbside Patios)
Railings can be fastened into the sidewalk with a removable wedge anchor with
10cm -12cm depth. Anchors must be removed and the holes must be filled with
caulking upon removal of the patio. Operations Department is able to provide
further guidance. City will confirm if the application impacts special pavement
areas. Railings must have an open appearance with an approximate height of 0.9
m – 1.2 m. Weights may be used to hold temporary railings in place within the
patio area. The weights must not protrude into the roadway (curbside patios) or
the sidewalk (large patios and expanded sidewalk patios). Bollard and chain
fencing is not permitted.
Patio access cannot be through business kitchen or employee-only areas.
Proof of liability insurance coverage (General liability of $5 million or $2 million for
small patios with City of Oshawa/ Region of Durham additionally insured )
If you want to use the space in front of an adjacent business, get written
permission from your neighbouring property owner and/or tenant.
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Additional Notes:
Fire and Utility Access
Patio Operators must:
• Maintain unobstructed emergency access routes and exiting facilities conforming
to the Ontario Building Code and the Fire Code
• Maintain a 1.0 metre clearance fire department connections (Siamese) and they
must be visible and accessible at all times
• Maintain a 5.0 metre clearance from all fire hydrants and they must be visible
and accessible at all times
• Allow access to utility providers and City staff to maintain their assets
• Ensure that all fire protection equipment is being maintained as per Ontario Fire
Code regulations
Alcohol Service
In order to serve alcohol on your patio structure, please contact your Alcohol and
Gaming Commission of Ontario (A.G.C.O.) representative for the most up-to-date
information on temporary extension of your liquor license. Questions related to process
and requirements for liquor license extension are to be directly addressed to AGCO.
AODA Compliance
It is the responsibility of the business owner to maintain compliance with the
Accessibility for Ontarians with Disabilities Act (AODA) at all times.
Please ensure your establishment adheres to the accessibility standards noted in the
AODA, including:
Provide an accessible entrance to the patio area of a minimum width of 1 metre
Do not allow your patio or customer queuing area to impede any existing
barrier-free access or sidewalk clearance for people using mobility devices to
your establishment or that of your neighbours
Removal Authority
Bylaw Officers have the authority to remove any patio that is determined to contribute to
unsafe condition and does not meet the minimum criteria noted in this guidebook. The
City of Oshawa reserves the right to remove any large, curbside, expanded sidewalk or
small patio or any permutation thereof that causes an obstruction to pedestrian or
vehicular traffic due to existing conditions in the nearby right-of-way or is deemed
unsafe any way.
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Temporary Private Property Patios and Parking Lot Patios
Please contact Planning Services Department to discuss your patio proposal. Planning will
review the impact, functionality, and accessibility of the patio.
Planning Services Department
Planning@Oshawa.ca
905-436-3311
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New Construction Patios
If you are interested in a new construction patio with a permanent structure please
contact Building Services.
Building Services
Buildings@oshawa.ca
905-436-3311
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Drawing Template for Applicants
17 | P a g eYou can also read
